No. 11-14282 Non-Argument Calendar.

674 F.3d 1252 (2012)

In Re CHECKING ACCOUNT OVERDRAFT LITIGATION MDL NO. 2036. Maxine Aarons Given, Individually and on behalf of All Others Similarly Situated, Plaintiff-Appellee, v. M&T Bank Corporation, etc., et al., Defendant, Manufacturers and Traders Trust Company, a.k.a. M&T Bank, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 21, 2012.

Attorney(s) appearing for the Case

Scott C. Borison , Legg Law Firm, LLC, Frederick, MD, Nicholas A. Carlin , David M. Given , Phillips, Erlewine & Given, LLP, San Francisco, CA, Anthony C. DePastina , Civil Justice, Inc., Baltimore, MD, Robert Cecil Gilbert , Grossman Roth, PA, Coral Gables, FL, G. Franklin Lemond, Jr. , Edward Adam Webb , Webb, Klase & Lemond, LLC, Atlanta, GA, Bruce Stephen Rogow , Bruce S. Rogow, PA, Fort Lauderdale, FL, for Plaintiff-Appellee.

James Andrew Dunbar , Matthew R. Alsip , Heather Mitchell, Venable, LLP, Towson, MD, John T. Prisbe , Venable, LLP, Baltimore, MD, for Defendant-Appellant.

Before CARNES, PRYOR and KRAVITCH, Circuit Judges.


Maxine Given filed a putative class action against Manufacturers and Traders Trust Company (M&T Bank), alleging that M&T Bank improperly charged its checking account customers overdraft fees. The district court denied M&T Bank's renewed motion to compel arbitration, finding that Given's claims are not within the scope of the parties' arbitration agreement. The bank appeals that denial, contending that the arbitration agreement explicitly assigns...

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